절도
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On August 24, 2016, the Defendant cut off the victim E from the “D” coffee specialty store located in the Chungcheong-gun C around 09:31 on August 24, 2016, using two cosmetics equivalent to 139,000 won at the market price of the victim’s ownership between the victim E on the above coffee specialty table, and one page of 509,000 won at the market price where the market price and welfare card are located on the market.
Summary of Evidence
1. Partial statement of the defendant;
1. A E-document;
1. A internal investigation report (includingCCTV counterpart and a set CCTV CD);
1. The defendant had no intention to obtain unlawful orders since he/she had a list of seized articles and a photograph of seized articles [a sknife (hereinafter referred to as "Handbag of this case") recorded in the facts constituting the crime in the judgment of the court below] returned them to the victim.
The argument is asserted.
In light of the fact that: (a) if the Defendant thought that he would return the handbag of this case to the victim, it was the most easy and reliable way to leave the handbag to the employees of coffee professionals; (b) the Defendant was able to send the handbag to the victim with a welfare card located in the handbag in order to return the handbag of this case; and (c) there was no friendly relation with the victim and, in particular, it is difficult for the Defendant to send out the handbag to the victim because of public yellow disorder; and (d) if the Defendant thought that he would return the handbag of this case to the victim, there was a sufficient time to contact the victim; and (d) the Defendant was put the handbag of this case at the time of this case into the Defendant’s bags; and (d) the Defendant appears to have engaged in the unlawful handbag of this case with the intent to conceal the fact that he had the above handbag to another person.